Rosie is a highly experienced government and commercial litigation and dispute resolution lawyer based in Canberra. She offers expertise in complex, politically sensitive and significant commercial litigation, regulatory compliance, administrative review and government legal work.
After working with government clients for 15 years and undertaking several secondments, she understands the pressures faced by in house teams. Her clients appreciate her acute awareness of the issues which affect them, her diligent and strategic approach and the flexibility Rosalie offers to meet their specific needs.
Rosalie has a practical approach to problem solving, with a keen sense of judgment and the foresight to identify and avoid potential risks and issues for her clients. Rosalie is recognised in both Best Lawyers and Doyles Guide in the litigation and dispute resolution categories.
Rosalie has regularly acted for Commonwealth Department in AAT review proceedings in respect of Commonwealth regulatory decisions in the administration of Commonwealth legislation for clients including Innovation and Science Australia, Comcare and the Department of Health.
Commonwealth government litigation
Rosalie has acted on behalf of the Commonwealth in a large number of common law claims, acting both for Comcover and various Commonwealth government agencies over the last 15 years, including Cornwell superannuation claims, negligent misstatement, wrongful imprisonment, institutional abuse, police shooting, significant property damage litigation and personal injury claims relating to Defence Service (HMAS Westralia) and other personal injury claims including motor accident, worker’s compensation and dust disease claims.
Australian financial services regulatory litigation
Rosalie has led large teams acting for Australian Financial Institutions responding to ASIC enforcement proceedings and various ASIC financial services requests under s49 and 266 of the National Consumer Credit Protection Act 2009 and s912C and s33 of the Corporations Act 2001.
Legislative interpretation advice
Rosalie has extensive experience advising on statutory interpretation and giving straightforward and practical advice on interpretation risks. She has advised in relation to the National Disability Insurance Scheme Act 2013 and regulations, Aged Care legislation, Industry, Research and Development Act, Income Tax Assessment Act, Environment Protection and Biodiversity Conservation Act, Superannuation Guarantee, Commonwealth and Military superannuation schemes, Corporations Law, National Consumer Credit legislation, Privacy Act and Freedom of Information (including acting in requests to the Information Commissioner). Rosalie also assisted the Department of Social Services to develop operational guidelines for the establishment of the Commission, which captured the policy intent of the National Disability Insurance Scheme Act 2013 and regulations to help stakeholders to understand the regulatory framework.
Rosalie acted for the insured building contractor (first respondent) in complex multi-party Federal Court proceedings for $18mil damage sustained following a fire in The Flint restaurant in the Diamant Hotel precinct in NewActon. The proceedings involved issues relating to Building Code of Australia compliance, manufacturing, design, construction, coordination and certification issues.
Investigations and commissions of inquiry
Rosalie has acted for Commonwealth and private sector clients in a number of inquiries and investigations, including the Banking Royal Commission, Hotel Quarantine Inquiry, the coronial process investigating the death of a helicopter pilot in Antarctica, the CSIRO investigation of workplace bullying and other unreasonable behaviour and the review of incidents of wrongful detention in immigration detention identified by the Ombudsman in the 247 Review.
Maddocks strengthens Commonwealth litigation team with new partner appointment
Experienced dispute resolution and litigation lawyer Rosalie Byrne has joined as a partner in our Canberra office.
‘Contracting out' of limitation periods – a guide for Government entities
The relevance of Price v Spoor for Government clients.
Why do contracts include provision for financial and performance guarantees? What are they and what benefits do they offer?
Have you ever felt confused about the financial and performance guarantee clauses in Commonwealth contracts? You are...